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2013 Supreme(Kar) 785

ANAND BYRAREDDY
A. Mohan – Appellant
Versus
State of Karnataka – Respondent


Advocates Appeared:
For the Petitioner:R.L. Patil, Advocate.
For the Respondents:R1, H.T. Narendra Prasad, Additional Government Advocate, R2, K.B. Monesh Kumar, Advocate.

Judgment :

1. The facts of the case are as follows:-

2. The petitioner is said to be the owner of land bearing Survey No.8/2, measuring 6 acres and 16 guntas, of Karur village, Davangere taluk and district. The land is said to be on the Pune - Bangalore Highway. It is claimed that the area around the petitioner's land has developed into a commercial area and that the surroundings have lost their agricultural character. It is for this reason that the petitioner is said to have approached the competent authority seeking change in land use under Section 14 of the Karnataka Town and Country Planning Act, 1961 (Hereinafter referred to as the 'KTCP Act', for brevity) as on 21.11.1997. It was said to have been granted on 28.11.1997.

It is stated that the Comprehensive Development Plan (CDP) prepared by the Town Planning Authority of Davangere Development Authority has incorporated the change of land use from "Semi- Public use" to "Residential use" in the CDP. The petitioner is said to have formed a residential layout consisting of 149 house sites. The layout plan is said to have been approved by the Davangere Development Authority and the Town Planning Authority - on 1.12.1998.

The petitioner




























































































































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